Common use of Reorganization, Reclassification and Liquidation Clause in Contracts

Reorganization, Reclassification and Liquidation. 5.1 In the case of any reorganization or reclassification of the Common Stock or in the case of any consolidation of the Company with, or merger of the Company with, another company or corporation, or in the case of any sale, lease or conveyance of all, or substantially all, of the property, assets, business and goodwill of the Company as an entity, or on the occurrence of any other Change of Control, the Holder of this Warrant shall thereafter have the right upon exercise to purchase the kind and amount of shares of stock and Other Securities and property receivable upon such reorganization, reclassification, consolidation, merger or sale by a holder of the number of shares of Common Stock which the Holder of this Warrant would have received had all Warrant Shares issuable upon exercise of this Warrant been issued immediately prior to such reorganization, reclassification, consolidation, merger or sale, at a price equal to the Exercise Price then in effect pertaining to this Warrant (the kind, amount and price of such stock and Other Securities to be subject to adjustment as herein provided). Prior to the consummation of any transaction described in this Section 5.1, the Company shall secure from the other Persons involved in such transaction written agreement (in form and substance reasonably satisfactory to the Holder) agreeing to the forgoing and assuming the obligation to perform the Company’s obligations under this Section 5.1.

Reorganization, Reclassification and Liquidation. 5.1 In the case of any reorganization or reclassification of the Common Stock or in the case of any consolidation of the Company with, or merger of the Company with, another company or corporation, or in the case of any sale, lease or conveyance of all, or substantially all, of the property, assets, business and goodwill of the Company as an entity, or on the occurrence of any other Change of Control, the Holder of this Warrant shall thereafter have the right upon exercise to purchase the kind and amount of shares of stock and Other Reorganization Securities and property receivable upon such reorganization, reclassification, consolidation, merger or sale by a holder of the number of shares of Common Stock which the Holder of this Warrant would have received had all Warrant Shares issuable upon exercise of this Warrant been issued immediately prior to such reorganization, reclassification, consolidation, merger or sale, at a price equal to the Exercise Price then in effect pertaining to this Warrant (the kind, amount and price of such stock and Other Reorganization Securities to be subject to adjustment as herein provided). Prior to the consummation of any transaction described in this Section 5.1, the Company shall secure from the other Persons involved in such transaction written agreement (in form and substance reasonably satisfactory to the Holder) agreeing to the forgoing and assuming the obligation to perform the Company’s obligations under this Section 5.1.